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HomeMy WebLinkAbout1986-07-15 Public hearing5 NOTICE OF PUBLIC WMNG OF INTENT TO DISPOSE CF CITY PROPERTY TO MM IT MY CONOERN: You and each of you are hereby notified that the City Council of the City of Iove City, has hereto- fore adapted and agrwed Tdasolution No. 86-209 declaring the City's intent to dispose of the fol- lowing -described City RnPerty: Colneming at the northwest corner of Lot 4, Block 65, Original Tan of Iowa City, Johnson County, Iowa, according to the recOnded plat dweof; thence north 'W'OD" east, au'e! bearing, along the southerly right -of -my line of Washing- ton Sbwt, 60.28 feet to the point of beginning; thence south OD003102" west 110.26 feet; thence south 89043136" Pest 1.50 feet; thence north 00003'02" east 36.26 feet; thence south 89043136" west 2.50 feet; thence 00003102" east 18.0 feet; thence north 89043'36" west 2.50 feet; thence north OD003'02" east 56.0 feet; thence north 90100'00" east, an assuned bearing, along the southerly right -of -my line of %shington Street, 1.50 feet, to the point of beginning. The City intends to dispose of said property by corweyirg the sane to %wkeye-Bay States Ltd. Part- nashiP for $3,000. You are firther notified that a Public hearing On said rtetta will be held by the City Council of the City of Iam City, Iowe, at its regular meeting to be held at 7:30 pm. on the 15th day of July, 1986, in the City Council Owbers in the Civic Carter, 410 E. kbshingtm Street, Iowa City, fob, at which time and place all persons interested in said Matta will be given an opportu- nity to be head. hWR M Mm, CITY CLERK /4;� // I T I NOTICE OF FUBLIC HEARING ON PROPOSAL TO LEASE CITY PROPERTY 10 WHEM IT MAY MUM: You and each of you are hereby notified that the City Council of the City of Ione City, lawn, has heretofore adopted and approved Resolution No. 86- 18 , proposing to lease City -awned properTy— kram as the Union Bus Depot, located at 404 East College Street, none particularly described as follows: . The south 70 feet of Lot 5 in Block 43, and the south 70 feet of the west 10 feet of Lot 6 in Block 43 in Ian City, Johnson County, Iowa, according to the recorded plat thereof, by leasing same to Bobby J. and Karen K. Rmw for an initial term of tin years for an initial rental of $507.29 per north, with three two-year renewal options. You are further notified that a public hearing an said proposal will be held by the City Council of the City of Ion City, Ian, at its regular meeting to be held at 7:30 o'clock p.m. on the 15th day of July, 1986, in the City Council Chambers in the Civic Center, 410 E. Washington Street, Iowa City, Iowa, at iwhich time and place all persons interested in said natter will be given an opportunity to be heard. MARIAN K. KARR, CM CLERK T -I GB�G Ti s/ C TO M IT NOTICE OF RMLIC FEARING iMy COrraj: Notice is hereby given that the City Council of the City of I" City, Ime, will hold a public hearing during its regular meeting to be held at M. on Tuesday, Jul 1 19M,in the City Council Crbers at the Civic Cener. 410 Fast " ington Street in lam City, upon Ore proposal petition of Iowa -Illinois Gas and Electric dopt ¢�ng gas and elthat the �tricof lVA frarxhi the CordiOY for a period of 15 years, Mrith petition and fran. chise ardi Insp Public nspeectido are now en file and available for on in the office of the City Clerk. Said public having will also be held upon a pro- Posed public utilities regulatory a'dirwKe, Vhidn is also now on file in the office of the City Clerk. said Persons inteested in sPrassing their views en Pied ordinances onY appear at said having and Y Present oral ar Witten torments. I First Capitol Development, Inc. P.O. Box 2567 Aa Iowa City, Iowa 52244 O D (319)354-3939 JUL 10 1986 July 10, 1986 City Council City of Iowa City 410 East Washington St. Iowa City, Iowa 52240 Dear Councilpersons: CITY CLERK T As public review of the proposed Iowa -Illinois franchise agreement approaches, it seems appropriate to share our perspective of the role of the franchise in long term develop- ment efforts we are pursuing. Experience with major prospects who have considered Iowa City over the past 24 months as an alternative for expansion or location would suggest that a positive vote on a franchise of at least 15 years in length is important to the city. Careful examination of the enclosed location criteria published by General Motors seems, in our judgment, to support that conclusion. 1. Long term stability and reliability of service is a critical factor in location analysis. (Short term franchises or rates potentially influenced by "election swings" are not attractive to industries dependent upon electric power.) 2. The ability of the utility to project and amortize capital investment costs over a long period of time has a direct influence on the willingness to assume risks for essential new services and/or equipment. 3. The commitment of a franchise conveys a confidence factor to existing industries concerned with increased productivity or profitability which might be influenced by utility costs or reliability. 4. There will undoubtedly be numerous demands in the future for investment of public funds to sustain services which private investors are far less likely to support. Private investors currently committed to investor-owned utilities represent an I t indirect source of capital to support city services which should be retained. Direct capital investment capacity of public funds may be more urgently needed in other areas leas attractive to private investors. In short, the franchise agreement represents a very strategic long term investment for all residents of the City. I urge your ,support. Sincerely, P o'i•en &i /070? &1 1 /070? &1 T 7 _ 2/27/85 SITE SPECIFIC SELECTION AND DEVELOPMENT CRITERIA This section will outline the Principal features to be consid•_red in selecting and evaluating utility suppliers. Not all utilities ,,ill meet all criteria, and it will obviously be necessary to mzF:e trade-offs in light of site-specific considerations. General criteria applicable to all utilities are outlined first; followed by specific items of importance to each type of utility. It is important that, to the extent possible, all supply arrangements and major contract items be agreed to before'a final site selection is made. This is especial suppliers. ly true for those services to be supplied by municipal, cooperative, or other unregulated type General criteria The major factors applicable to all utilities are: - The utility should be financially healthy; that is, it should be able to meet its current and prospective debt obligations, and be able to raise new capital on reasonable terms. - The utility should have adequate site specific capacity available in place to serve GM's initial and future requirements, or be able to meet the requirements in a satisfactory manner. - The utility should have a demonstrated record of supplying service at an acceptable level of reliability, availabilit, predictability, and economics. y - The GM load should not be a disproportionate share of the total system (preferably less than 20%) with no more than 5-10% preferred. - Utility personnel should have a demonstrated technical competence to supply the services required. - The utility should have a reasonably balanced customer load mix including residential, commercial, and industrial customers. - Private, invester-owned and commission regulated suppliers are preferred although unregulated suppliers are acceptable for water and wastewater. In general, electric and gas suppliers should be regulated, private, investor owned utilities. - Both the utility and the regulatory authority as applicable should have a demonstrated record of applying cost -of -service principles in establishing rates. - The rate levels should be reasonable, both currently and as forecasted. /,3 X20 -I `d I 8 - 2/27/85 Where service is supplied by a municipality, co-op, or unregulated supplier, there should be a formal evidentiary hearing procedure ih place for proposed. changes in rates or conditions of service, so that GM can express its position prior to any changes. utility should not be used as a source of revenue to finance other operations, nor should its operations be financed from other sources. In general, a single source producer, supplier, and distributor supply arrangement is preferred, in lieu of a multiple producer, supplier, and distributor arrangement. j _Specific Criteria The following major factors are applicable to the specific types Of utility suppliers noted: j Electric Utilities I The following are features of particular importance in selecting an electric utility (regulation assumed): t The primary, base fuel sources should be coal and established, F reliable nuclear plants and not high cost £ue is (i.e., gas/oil) subject to curtailment and interruption. - The utility should not be engaged in constructing a troubled generating plant, and should not have large amounts of capital { invested in facilities which have been abandoned or are about to be abandoned. - The utility should not have an impending large rate increase (unless there is reasonable assurance that there will be a phase-in plan adopted). - The costing philosophy of both the utility and the regulating authority should be cost of service based; that is, alloca- tions of fixed costs should not be done on an energy basis. - The rate design policy should be reasonable, 'to the extent that rates reasonably reflect costs. Reserve margin should be adequate to accommodate some growth and/or retirements of old capacity. Rate levels, current and projected, should be reasonably competitive with other well-managed electric utilities, such as AEP or Duke Electric, if possible. /07.20 _7 I • - 9 - 2/27/85 I Natural Gas suppliers The following features are of particular a natural gas supplier. importance in selecting -•"The utility should have adequate long-term supply contracts, preferably with two or more pipelines. - There should be no (or low) dependence on LNG as a supply source. - The pricing policy should be cost based; that i of Y nor the regulatory authorityshould fo neither thllow eing ice pricing policies, such as Oil paritypricinng. value - The utility should have reasonable transportation rates available. { I - Diversification in the utility's supply sources should be as broad as possible. i Water_ Supplier� I _ The following features are of particular i selecting a water supplier: mportance in - There should not be a major expansion underway or expected. i - The utility should be in compliance with all applicable environmental standards and should not be under any environmentally related constraints or have environmentally related water source problems. The existing rate structure should be adequate in light of the quantity of service required, or the supplier should be willing to negotiate a cost-based rate and enter into a contract_ The utility should operate on an enterprise account basis and should charge for services on the basis of a rate schedule as opposed to payment or recovery of costs from other sources or through ad valorem or other taxes. Leakage should not be more than perhaps 208 of the total system gallons pumped. Wastewater The following features are of particular importance in selecting the utility to provide wastewater treatment: There should be no major expansion underway or expected. ■•� I 10 - 2/27/85 - The utility should be in compliance with all applicable environmental standards and not be under an EPA consent order to meet environmental related constraints. - The existing rate structure should be adequate in light of the : quantity of services required, or the utility should be willing to negotiate a cost -based rate including hydraulic and effluent aspects, and enter into a contract. - The utility should operate on an enterprise account basis and should charge for services on the basis of a rate schedule as opposed to payment or recovery of costs from other sources or through ad valorem or other taxes. - Infiltration and "irnflow should not be a major - problem for the utility and should be no more than 20% of the total system inflow treated. - Pollution -strength criteria should not be too stringent vis-a-vis anticipated production processes at the GM facility. - The utility should consider allowing pre-treatment credits for I low -strength BOD and SS levels. - The utility should not be a recipient of the grant system ' under the 1972 Water Pollution Control Act. !" - The utility should not have significant customer loads that periodically disrupt or interfere with the biological ; treatment processes. 1 j Steam Supplier i The following matters are of particular importance with respect to a steam supply: The utility power plant which will generate the steam should be located nearby. The power plant fuel should be coal or another low cost fuel and have a demonstrated record of reliability. It should be possible to return condensate to the Plant with an appropriate allowance. - The utility power plant should have been designed to supply steam, or have boiler capacity in excess of that required to operate the plant at its rated electrical output, available on a first contingency, firm basis. - If steam service is not regulated, there should be will'i'ngness to negotiate rates and enter into a reasonable, cost of service contract. - Supply of steam must be a viable business operation (i.e., enterprise account) for the utility. T 13030 Renfro Circle Omaha, Nebraska 68137 402/895.2050 0 Millard Warehouse June 27, 1986 #597 Mr. Ray Musten Iowa Development Commission 6700 East Court Avenue j Des Moines, Iowa 50309 Dear Ray: I wanted to follow our most recent phone conversation up in writing and provide a little more detail of what our plans are for future growth and expansion in our Iowa City plant location. Since our recent acquisition of the additional 33 feet from the Industrial Development Council in Iowa City we are able to continue to expand our plant and look for additional business and customers. With sellingthat as a point, have two omers have shown agreatamount ofinterest in e wanting to dotbusinessat in the Iowa City area and we have been aggressively cultivating that interest. The combination of the two projects, Ray, would increase the following two items: 1. Space: Construction in our plant would require an additional 12,000 square feet in the very near future and an additional 24,000 square feet to be added to the plant within the next sox to eight approx. ox$30.008$35800 par hs. Thcot Of hsquare ose dfoot ndepending s to the pupon lant would run app the type of equipment, necking and refrigeration that we would have to put inton of oth ecte' millionj 2. Employment: We would generate approx. 30 to 35 new employees to the existing rox- 15 tord r20ouse workforce new employees.and our new My estimateuof stomets would employ app the average yearly income would be in the $15,000 to $18,000 range. Ray, I don't have to tell you about our past three years in Iowa City being very exciting as for as new growth and attracting new industry to this area. We have been and continue to be very excited about the potential of our eastern Iowa location, as well as our other two Iowa locations. We are constantly reminded that in order /.T.To Mr. Ray Mus ten June 27, 1986 Page 2 to be competitive in today's market, be capable of attracting industry from other states and continue to assist our existing customers in their growth, we must take advantage of the resources available to us --whether it be on a city or state level. As you research these opportunities for our company, any information and additional programs that you can come up with will be extremely I beneficial as we strive to maintain our position as a leader in soliciting new business at our location in Iowa City. Thank you for your time and cooperation in this matter. I look forward to hearing from you in the near future. S ff c--erre\\ly, f Timothy A. Jackes President _ TAJ/eak tt cc: K. Teichmeier L. Mulherin A, i Pond '7 ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A GAS PLANT OR PLANTS FOR A PERIOD OF FIFTEEN YEARS AND TO FURNISH AND SELL GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE. BE IT ENACTED by the City Council of the City of Iowa City: Section I. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and to its successors and assigns the non-exclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, a gas plant or plants for the production, storage, transmission, distribution, sale, delivery or furnishing Of gas, either natural or manufactured or mixed natural and manufactured, including the right to to use the 'streets, avenues, alleys and public grounds and bridges in the City of Iowa City for the purpose of laying, constructing, maintaining, replacing and substituting mains, pipes, conduits and other facilities for the transmission, distribution, sale, delivery or furnishing of gas for public and private use in the City of Iowa City and elsewhere for a period of fifteen years from and after the effective date of this ordinance, and to furnish and sell such gas to said City and Its inhabitants_ /0?0? , I W. Section 2. The rights and privileges granted to the Company, as franchisee under this franchise ordinance, and including the Company's successor and assigns, are subject to: (1) applicable provisions of the Iowa Code, including but not limited to, Chapter 364 thereof: (2) the Code of Ordinances of the City of Iowa City, including but not limited to Chapter 31, Article II, Excavations; Chapter 32, Subdivision Regulations; Chapter 33, Article IV, Public Utilities Regulation; Chapter 34, Vegetation; and Chapter 36; Zoning, and (3) any other applicable statute or regulation promulgated by Federal or State agencies under federal or state laws; all as said laws, codes, ordinances, statutes and regulations are presently enacted. The Company acknowledges the validity of the aforementioned laws, codes, ordinances, statutes and regulations as they may exist as of the effective date of this ordinance, provided however, that the Company reserves the right to challenge or contest the,City's future interpretation or application of any of said laws, codes, ordinances, statutes and regulations. The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the gas utility, as the City deems necessary and 2. /0?02 0 ■,. r proper. The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the laws of the State of Iowa. Section 3. The Company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits and other facilities, but all gas utility system components shall belaced P and maintained so as not to cause unnecessary obstruction of or unnecessary interference with the construction or operation of any public improvements or facilities located upon public property or public right-of-way, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains, or water mains, which have been or may hereafter be located by authority of the City, or of any other j public utilities which are in place. All gas utility service components placed above, upon, in or under public right-of-way shall comply with the National Fuel Gas Code and the regulations of the Iowa State Commerce Commission regarding construction and clearance requirements. Section 4. In making excavations in any streets, avenues, alleys and public places for the installation of gas pipes, conduits, or apparatus, the Company shall obtain a permit therefore pursuant to Chapter 31 of the Municipal Code, shall not 3. /.?0?D I unnessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of Chapter 31 in performing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. Section 5, The Company shall defend at its own expense, in the name and on behalf of the City, and shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the active or passive negligence of the Company, or by the passive negligence of the City, on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in part, by reason of or arising out of the construction, reconstruction, excavation, operation or maintenance by the Company of the gas utilities authorized by this franchise. However, the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or agents where the Company is not negligent in any way. In situations where the damage was caused or contributed to 4. "r I by the active or passive negligence of the Company and the aCLive negligence of the City, the principles of comparative negligence : t in effect in Iowa shall apply as between the Company and the i City. The duty of the Company to defend, and save harmless and ;I indemnify the City shall extend to officers, employees and agents { of the City to the extent the City is obligated to defend, save harmless and indemnify by law. Section 6. The Company, and its successors and assigns, is authorized to extend its mains, pipes and appurtenances, to expand its transmission and distribution systems, to engage in e major repair work and to install new distribution and transmission systems within the City, provided that such work is ti done in accordance with the rules and regulations of the Iowa {. i State Commerce Commission, and provided further that City approval of such work is first obtained pursuant to requirements 4 and procedures set forth in Chapter 33, Article VI of the @@@8 Municipal Code, Public Utilities Regulation, now in effect or as amended. k Section 7. The said Company, its successors and assigns so long as it shall operate under the terms of this franchise shall furnish gas in sufficient quantities to supply the reasonable g demands of said City and the inhabitants thereof and in accordance with the Company's rules, regulations and conditions of service as approved by the Iowa State Commerce Commission. Ii TVIF I Section 8. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of gas service and reasonable rules and regulations in ! i the operation and conduct of its business. Section 9. Upon approval of the City Council and after r � reasonable attempts to acquire by purchase, the Company shall i have the power to condemn private property for the purpose of providing gas service to the public and in a reasonable ` relationship to an overall plan of distributing gas energy within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. Section 10. The Company shall, at its cost and expense, locate and relocate its installations in, on, over, or under any public street in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or any public improvement of, in or about any such street or alley or promoting the efficient operation of any such improvement. Section 11. This franchise shall apply to and bind the City and the Company and their successors and assigns: provided that any assignment by the Company shall be subject to the approval of 6. I �t i the City Council by resolution, which approval shall not be unreasonably withheld. The City expressly reserves the right to terminate the franchise granted herein if the Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correct the breach within i sixty (60) days written notice provided by the City to do so. i The Company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance, at the City's option, since a remedy at law may be inadequate. Section 12. The Company shall, at all times during which this franchise is in effect, maintain, administer and operate such energy conservation program within the City, as may be approved by the Iowa State Commerce Commission, which program shall be designed and operated to promote the conservation and j efficient use of gas energy by all utility customers within the 1 City. Section 13. This Ordinance and the rights and privileges herein granted are subject to the approval of a majority of the electors of the City, voting at the next general or municipal 7. n election or at a special election called for that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by Company. Section 14. The Company, within 30 days after the approval of this Ordinance by a vote of the people, shall file in the office of the City Clerk its acceptance in writing of all the terms and provisions of this Ordinance. Section 15. This Ordinance shall become effective upon passage by the City Council, approval of the voters as provided in Section 13 hereof, acceptance by the Company as provided in Section 14 hereof, and publication as required by law. Following voter approval and acceptance of this Ordinance by the Company, this Ordinance shall be published in the Iowa City Press Citizen. The effective date of this Ordinance shall be the date of publication. Section 16. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, then the lawful provisions of this franchise ordinance, which are severable from said lawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith a. 07,? 0 t amend this franchise to insert a successor provision that complies with the applicable court ruling. Section 17. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. i PASSED AND APPROVED this day of 1986. - j i CITY OF IOWA CITY, IOWA By Mayor ATTEST: City Clerk 9. am ived A App rve -1 ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF FIFTEEN YEARS AND TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company'$, and its successors and assigns, the non-exclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues, alleys and public places to serve customers within and without said City of Iowa City, for a period of fifteen years from and after the effective date of this ordinance, and to furnish and sell electric energy to said City and its inhabitants. Section 2. The rights and privileges granted to the Company, as franchisee under this franchise ordinance, and including the Company's successor and assigns, are subject to: /02020 (1) applicable provisions of the Iowa Code, including but not limited to, Chapter 364 thereof: (2) the Code of ordinances of the City of Iowa City, including but not limited to Chapter 31, Article II, Excavations; Chapter 32, Subdivision Regulations; Chapter 33, Article IV, public Utilities Regulation; Chapter 34, Vegetation; and Chapter 36; Zoning, and (3) any other applicable statute or regulation promulgated by Federal or State agencies under federal or state laws; all as said laws, codes, ordinances, statutes and regulations are presently enacted. The Company acknowledges the validity of the aforementioned laws, codes, ordinances, statutes and regulations as they may exist as of the effective date of this ordinance, provided however, that the Company reserves the right to challenge or contest the City's future interpretation or application of any of said laws, codes, ordinances, statutes and regulations. The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the electric utility, as the City deems necessary and proper. The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power 2. /OU i I which it now has or which may hereafter be authorized or permitted by the laws of the State of Iowa. Section 3. The Company shall have the right to erect, construct, or install all necessary electric utility system components, including but not limited to, posts, poles, towers, conduits, fixtures, manholes, appliances and accessories and to place thereon or therein the necessary wires for the transmission and distribution of electric energy in and through said City, but all electric utility system components shall be placed and maintained so as not to cause unnecessary obstruction of or unnecessary interference with the construction or operation of any public improvements or facilities located upon public property or public right-of-way, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains, or water mains, which have been or may hereafter be located by authority of the City, or of any other public utilities which are in place. All electric utility system components placed above, upon, in or under public right-of-way, and the wires placed thereon or therein, shall comply with the National Electrical Safety Code and the regulations of the Iowa State Commerce Commission regarding construction and clearance requirements. Section 4. The Company is authorized to make excavations in City streets, avenues, alleys and public places for purposes of 3. /0?,Z 0 9 routine repair, replacement, and maintenance of poles, wires, conduits, lines or other electric utility system components. In making such excavations, the Company shall obtain a permit therefore pursuant to Chapter 31 of the Municipal Code, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of Chapter 31 in performing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. The Company is empowered and authorized to cut and trim in a careful and prudent manner, at its expense, any trees extending into any street, alley or public ground so as to prevent limbs or branches from interfering with the Company's above -ground transmission or distribution lines or facilities. The authority or obligation of the Company shall not extend beyond trimming trees sufficiently to clear its above -ground lines and facilities. Cutting or trimming shall be performed in residential street and alley areas in accordance with standards to be established by the City Forester. The Company shall submit to the City Forester on or before December 1, of each year, a 4. T 1 I schedule of tree trimming that it intends to do in the residential street and alley areas. Trimming or cutting which is done on an emergency basis and which is not shown on the annual trimming and cutting schedule shall be reported to the City Forester within 7 calendar days following such trimming or cutting. Section 5. The Company shall defend at its own expense, in the name and on behalf of the City, and shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the active or passive negligence of the Company, or by the passive negligence of the City, on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in part, by reason of or arising out of the construction, reconstruction, excavation, operation or maintenance by the Company of the electric utilities authorized by this franchise. However, the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or agents where the Company is not negligent in any way. In situations where the damage was caused or contributed to by the active or passive negligence of the Company and the active negligence of the City, the principles of comparative negligence in effect in Iowa shall apply as between the Company and the 5. 6. r i i City. The duty of the Company to defend, and save harmless and indemnify the City shall extend to officers, employees and agents of the City to the extent the City is obligated to defend, save S' harmless and indemnify by law. Section 6. The Company, and its successors and assigns, is � authorized to its k extend lines, wires and conduits, to expand its � transmission and distribution systems, to engage in major repair I work and to install new distribution and transmission systems ' within the City, provided that such work is done in accordance i with the rules and regulations of the Iowa State Commerce M i Commission, and provided further that City approval of such work is first obtained pursuant to requirements and procedures set forth in Chapter 33, Article VI of the Municipal Code, Public Utilities Regulation, now in effect or as amended. Section 7. The said Company, its successors and assigns, so i long as it shall operate under the terms of this franchise shall furnish electric energy in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof in accordance with the Company's rules, regulations and conditions of service as approved by the Iowa State Commerce Commission. Section 8. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and regulations in the operation and conduct of its business. 6. T Section 9. The City shall be privileged upon notice to the Company, without charge, to make use of the poles, posts, towers, and underground conduits of the Company for any City alarm, City control, or City communication function to the extent that such use shall not interfere with their use by the Company, but the City shall hold the Company harmless from any and all causes of action, litigation or damages arising through the placing of the facilities of the City upon the Company's poles, posts or towers, or in the Company's underground conduits. Section 10. Upon approval of the City Council and after reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of providing electric service to the public and in a reasonable relationship to an overall plan of distributing electrical energy within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. Section 11. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any public street or alley in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of any Public improvement of, in, or about any such street or alley, or 7. I I I i promoting the efficient operation of any such improvement. The City may, upon a showing of good and reasonable cause, require t the Company to place or bury its electrical utility system �. components underground in any underground service district hereafter established by the City pursuant to the procedure set forth in Chapter 33, Article VI of the Municipal Code, public Utility Regulation. 1 ;' t Section 12. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that j any assignment by the Company shall be subject to the approval of ! ' the City Council by resolution, which approval shall not be unreasonably withheld. 3 The City expressly reserves the right to terminate the i franchise granted herein if the Company breaches any of the i provisions of this franchise; provided, however, there shall be I, no termination if the Company shall correct the breach within sixty (60) days written notice provided by the City to do so. The Company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the•subject matter of this franchise is unique and may be enforced by specific performance, at the City's option, since a remedy at law may be inadequate. 8. i Section 13. The Company shall, at all times during which this franchise is in effect, maintain, administer and operate such energy conservation program within the City, as may be approved by the Iowa State Commerce Commission, which program shall be designed and operated to promote the conservation and j efficient use of electrical energy by all utility customers } within the City. i Section 14. In the event that the City should at any time i during the term of this franchise become a generator or producer of electrical energy at a municipally -owned or operated facility, ! i or at any other facility in agreement with any co -producers, the Company shall, if requested by the City, enter into an agreement i to either purchase or wheel to City facilities the electric energy produced from such qualifying generating facility, such I further agreement being subject to the approval of the Iowa State Commerce Commission, and to applicable statutory requirements and regulations. Nothing contained in the terms of this franchise shall be construed to prevent the City from purchasing electrical power for its facilities from sources other than the Company and i to contract for same from these sources. Section 15. This Ordinance and the rights and privileges herein granted are subject to the approval of a majority of the electors of the City voting at the next general or municipal €� election or at a special election called for that purpose. The i 9. ' 1 V' cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 16. The Company, within thirty (30) days after the approval of this Ordinance by a vote of the people, shall file in the office of the City Clerk its acceptance in writing of all terms and provisions of this Ordinance. Section 17. This Ordinance shall become effective upon passage by the City Council, approval of the voters as provided in Section 15 hereof; acceptance by the Company as provided in Section 16 hereof; and publication as required by law. Following voter approval and acceptance of this Ordinance by the Company, this Ordinance shall be published in the Iowa City Press -Citizen. The effective date of this Ordinance shall be the date of publication. Section 18. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, then the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 10. /6?01e I i T 01 Section 19. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this day of 1986. CITY OF IOWA CITY, IOWA By ATTEST: Mayor City Clerk 11. /0;01 O 1 .i ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 OF THE IOWA CITY MUNICIPAL CODE, UTILITIES, BY ADDING THERETO A NEW ARTICLE, ARTICLE VI, TO BE ENTITLED "PUBLIC UTILITIES REGULATION," CONSISTING OF SECTIONS 33-171 THROUGH 33-188, AND RELATING TO THE REGULATION OF PUBLIC UTILITIES IN THE USE OF PUBLIC RIGHT-OF-WAY. PREAMBLE: WHEREAS, pursuant to Section 364.1 of the Iowa Code the City is authorized to "exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents"; and WHEREAS, pursuant to Section 364.2 of the Iowa Code the City is authorized to regulate "the conditions required and the manner of use of the streets and the public grounds of the city" by public utility franchisees; and WHEREAS, this City Council has further been advised, and has found and determined, that it would serve to preserve and improve the peace, safety, health, welfare, comfort and convenience of Iowa City residents and to protect and preserve city property by adoption of an ordinance regulating public utilities' use of public right-of-way and public property, and requiring approval of utility system expansions and extensions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1, That Chapter 33 of the Iowa City Municipal Code, "Utilities," be, and the same is hereby amended by adding thereto the following new article, Article VI, to be entitled "Public Utilities Regulation," consisting of Sections 33-171 through 33-172, to read as follows: Chapter 33, Article VI Public Utilities Regulation Division 1. Title, Purpose and Definitions. Section 33-171. Title. The ordinance codified in this chapter shall be known as the "public utilities regulation ordinance." Section 33-172. Purpose. The purpose of this chapter is (1 to regulate the use of public right-of-way for the distribution of energy and audio or visual communications by companies holding a franchise granted by the City of Iowa City, Iowa, or otherwise permitted to use public right-of-way to deliver a product or service to the residents of .this city; and (2) to regulate the location of utility system expansions and extensions to promote comprehensive city planning. Section 33-173. Definitions. For the purpose of this chapter the following terms shall have the meanings herein ascribed to them except where the context clearly requires otherwise: /070 Ordinance No. Page 2 I (a) "Audio or visual communications" include radio and television transmissions and telephonic conmunica- tions. (b) "Energy" means power supplied to customers either in the form of gas or electricity. ( c) "Major repair work" means the repair or reconstruction of a part of the utility system to the extent that part of the system under repair involves one or more complete city blocks. (d) "Public utility company" or "company" means any person, company or corporation utilizing the public right-of-way to deliver energy or audio or visual communications to the residents of the city and holding a city franchise for that purpose. (e) "Utility system" or "utility system components" means and includes poles, overhead wires, underground conduits, piping, manholes and other installations and appliances necessary for the generation, transmission or distribution of energy or audio or visual communica- tions. (f) "Electrical distribution system" means all electrical system components designed or used for the distribution of electric energy within the City, other than trans- mission lines. (g) "Electrical transmission system" means those electrical system components which directly serve or support elec- trical lines carrying thirty-four point five (34.5) kilovolts or more of electric current. (h) "Underground service district" means a defined area or tract of land within which all public utility companies are required to place utility system components below the surface or grade of the right—of-way or private property upon which said components are located or through which they traverse. T Ordinance No. Page 3 Section 33-114. Reporting Requirements. The following information shall be furnished by the Company to the City Clerk and filed in that office within the times hereinafter set forth: (a) Annual Report to Stockholders (within 30 days of issuance). (b) Annual report to applicable state and federal regula- tory agencies (within 30 days of filing). (c) 1OK-Annual Report (SEC) (within 30 days of filing). (d) Copy of Company's current rate manual and all updates. (e) Projections and plans for future transmission in the city to be provided annually. (f) Written notice to the City of any rate increase requests applicable to the City or its inhabitants filed by the Company before the Iowa State Commerce Commission. I Ordinance No. Page 4 Division 3. Management of Public Utility Use of Public Right -of -Way; Public Utility Systems Planning. Section 33-175. Maps and Projections. The Company shall furnish to the Public Works Department current maps showing the location of all existing underground utility system components in the city streets and alleys and on private property. The Company shall thereafter provide the City with updated maps when same are updated by the Company for its use. The Citys use of such maps shall be limited to City utility and improvement planning purposes. In addition, the Company shall furnish information and projections concerning all planned or proposed utility system extensions or expansions, major repair work projects and projects to install new systems. Such information and projections shall be prepared giving due consideration to the City's five year Capital Improvement Plan, and shall be provided in comprehensive form and with sufficient lead time to provide the City the opportunity to conduct appropriate reviews. Section 33-176. Extension or Expansion of UtilitySystem, Ma' and Installation of New Systems. Before�an Majorblic Repair Work company, now or hereafter operating or maintaining utility distribution systems, commences any extension or expansion Of its utility system, any major repair work or the instal- lation of any new system in the City, there shall be filed with the Public Works Department a written statement specifying the streets, alleys, public places or private property, or parts thereof, in which it proposes to extend, expand, install or repair its utility system. The Director of Public Works may require that the statement be accompa- nied able scale bshowingmap, thelpropo edlan and slocationttofst the an utility system components with reference to the streets and alleys and lot lines, the size and dimensions of all utility system components and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any utility system components shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or other existing utility system component or other structure upon or under the streets, alleys or public places of the city, the Director of Public Works shall, within a reasonable time after the filing of such plan, map and specifications, note the necessary and proper changes to eliminate all interference with public improvements or existing utility system and refer the same back to the Public utility company for correction. Such map, plan and specifications, when properly changed and corrected, shall be filed in the office of the Public Works Department, and after the approval of the same by the Director of Public Works, a permit shall be issued authorizing the company to excavate in the streetsand alleys and to erect and construct such utility system in accordance with said /0?A 0 Ordinance No. Page 5 corrected maps, plans and specifications. The permit issued hereunder shall include any permit required pursuant to Chapter 31 of the Municipal Code. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for and all work shall be in strict accordance with the said corrected maps, plans and specifications. tSection 33-177. Construction and Repair. In the process of location, construction, reconstruction, replacement or repair of any utility system component, the excavation oor r obstruction made ic or forcany�purposetby anysuch publiclley or utilityconpanyd at ytime shall be properly barricaded to protect the public and to assure the safe and efficient movement of traffic, and all pavement taken up or displaced shall be properly and speedily replaced under the general supervision of the City. As a condition to use of public right-of—way, every public utility company (except those public utility companies having a franchise by City ordinance) engaged in the making Of such excavation or in the construction or erection of the utility systems component or in the repair or replacement of same, or having contracted for the work to be done, shall pay all damages or injuries to persons or property, as well as to the City, resulting from the negligent or improper I' construction, erection or repair of such utility system or the maintenance and use of the same, and shall fully indemnify and save harmless the City from and against all claims of every nature for damages to person or property arising or resulting from negligent construction or negligence in constructing or maintaining such utility system components, or in the repair of the same or resulting or arising from delay or failure to restore the street, alley or public ground to its former condition, where excavations have,been made, or resulting from a failure to properly barricade such excavations. If the public utility company fails to repair or arrange for the proper repair With the City of any street, alley or public ground after excavations have been made, and after five days' notice in writing to do so, given to its local representative, then I the City may make such repairs at the expense of such public i util ity company. Section 33-178. Excavations and Tree Trimming. In making any excavation in a public street, avenue, alley or other public place, the Company shall obtain a permit therefore pursuant to Chapter 31 of the Municipal Code, shall provide the Public Works Department with 24 hours notice prior to the actual commencement of the work, shall not unnecessarily obstruct the use of such streets, avenues, alleys or public places, and shall comply with all provisions of Chapter 31 in performing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, /0?41o Ordinance ilo. Page 6 Section 33-179 however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. A public utility company authorized to cut and trim trees under the terms of its franchise must conduct such work in a careful and prudent manner. The authority or obligation of the company in this regard shall not extend beyond trimming trees sufficiently to clear and prevent interference with its above -ground transmission or distribution lines and facilities. Cutting or trimming shall be performed in residential street and alley areas in accordance with standards to be established by the City Forester. The Company shall submit to the City Forester on or before December 1 of each year, a schedule of tree trimming that it intends to do in the residential street and alley areas. Trimming or cutting which is done on an emergency basis and which is not shown on the annual trimming and cutting schedule shall be reported to the City Forester within two working days following such trimming or cutting. Extension or Expansion of Electrical Utility Transmission Systems and Installation of New Electrical Utility Transmis- sion Systems. Before any public utility company, now or hereafter operating or maintaining an electrical utility system within Iowa City commences any extension or expansion of its electrical utility transmission system in the City or the installation of any new electrical utility transmission system in the City, there shall be filed with the Works Department, in Public duplicate, a written statement specifying the streets, alleys and public places, or private property, or parts thereof, in which it proposes to extend, expand, install or repair its utility system. The Director of Public Works may require that the statement be accompa- nied by maps, plans and specifications, in duplicate, drawn to an acceptable scale, showing the proposed location of the electrical utility system components with reference to the streets and alleys and lot lines, the size and dimensions of all utility system components and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any electrical utility system components shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or other existing utility system component or other structure upon or under the streets, alleys or public places of the city, the Director of Public Works shall, within a reasonable time after the filing of such Plan, map and specifications, note the necessary and proper changes to eliminate all interfer- ence with public improvements or existing utility system and refer the same back to the public utility company for correction. Such map, plan and specifications, when properly changed and corrected, shall be filed in the office AQ.? 0 Ordinance No. Page 7 of the Public Works Department, and a copy thereof, together with the written statement, shall be forwarded to the Planning and Zoning Commission. Section 33-180. Standards and Criteria for Review of the Location of Proposed Expansions or Extensions of Electrical Utility Transmission Systems, or for Installation of New Electrical Utility Transmission Systems. (a) Review by Director of Public Works. In reviewing the written statement and the maps, plans and specifica- tions submitted by the electrical utility company pursuant to Section 33-179 above, the Director of Public Works shall determine the degree to which the electrical utility company's proposal complies with the standard set out in this paragraph and shall forward findings and a recommendation thereon to the City Council. All utility system components erected by an electric utility company within the city shall be so located as to cause minimum interference with public improvements and other public utilities located in the streets, alleys and other public ways and places and to cause minimum interference with the rights or reason- able convenience of property owners who adjoin any of the said streets, alleys or other public. ways or places. (b) Review by Planning and Zoning Commission. In reviewing the written report and the maps, plans and specifica- tions submitted .by the electrical utility company pursuant to Section 33-179 above, the Planning and Zoning Commission shall review the electrical utility company's proposal in light of the following planning criteria, and shall report its findings and recommenda- tions to the City Council. (1) The relationship of the proposed project to present and future economic development of the area. (2) The relationship of the proposed project to the existing electric utility system and parallel existing utility routes. (3) The possible use of alternative routes. (4) The relationship of the proposed project to the present and future land use and zoning ordi- nances. (5) The inconvenience or damage which may result to property owners as a result of the proposed project. /0?07o Ordinance No. Page 8 (c) The City Engineer and the Planning and Zoning Commis- sion shall be required to make their respective reports and recommendations to the City Council within 60 days of the company's final submission of its report, and the accompanying maps, plans and specifications. Section 33-181. Council Approval Required for the Expansion or Extension of Electrical Utility Transmission Systems and for the Installation of New Electrical Utility Transmission Systems. Within 60 days of its receipt of the reports and recommenda- tions of the Director of Public Works and the Planning and Zoning Commission relative to the electrical utility c onpanyIs proposal to expand or extend its electrical Utility transmission system or to install a new electrical utility transmission system, the City Council shall, by resolution, either approve or disapprove said proposal based on the standards and criteria stated in Section 33-180 above and on the recommendations received. In the event that the City Council disapproves said proposal, the resolution shall reflect the reason or reasons for disapproval. If the City Council fails to either approve or disapprove such proposal within the said 60 -day period, the proposal shall be considered to be approved. Upon approval of the company's proposal as aforesaid, the Director of Public Works shall issue a permit therefore and the Company may proceed with the work. No person shall perform any such work unless and until the required permit has been issued. The permit issued hereunder shall include any permit required pursuant to Chapter 31 of the Municipal Code. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for and all work shall be in strict accordance with the said corrected maps, plans and specifications. Section 33-182. Underground Service Required. In all new residential subdi- companiesplatted shall be equirededt in Iowa install City, public distributioutility systems underground in accordance with accepted engineering practices. Gas utility distribution mains and lines, and supply lines, except for certain control facilities, shall be placed underground throughout the City in accordance with accepted engineering practices. All above ground gas shallfacilities Und ergroundelectrlocated icalservice tshall bh due regard a installedfor spursuant to the requirements of Chapter 339 Article III of this Municipal Code. Underground telephone service shall be installed pursuant to the requirements of Chapter 33, Article IV of this Municipal Code. /O?OR 40 Ordinance No. Page 9 Section 33-183. Underground Service Districts Established. Wi (a) The City may, upon a showing of good and reasonable cause, require the company to place or bury its utility system components underground in any underground service district hereafter established by the City pursuant to this provision. (b) The following described area(s) shall constitute the underground service district(s): (1) Downtown District: Madison Street north from Court Street to Washington Street, Washington Street east to Gilbert Street, Gilbert Street south to Burlington Street, Burlington Street west to Linn Street, Linn Street south to Court Street, and Court Street west to Madison Street. Section 33-184. Underground Service District Regulations. (a) Before commencing the work of placing utility lines underground, the Company shall file with the City a written statement specifying the particular streets, alleys and public highway, or parts thereof, in which underground utilities are to be located, the approxi- mate size of the lines, cables, and/or conduits proposed to be used and the distance from the surface of the street to the top of such lines, cables, and/or conduits. (b) The .statements required by subsection (a) of this section shall be accompanied by a map, plan or specifi- cations which shall show the proposed location of the lines, cables and/or conduits with reference to the streets, alleys and surface of the streets and the approximate dimensions of the lines, cables, conduits or manholes to be used therewith. The proposed locations may be changed by the Department of Public Works of the City if they shall in any way interfere with other conduits, pipes or mains placed underground by the City or by any other public utility. (c) The statement, map, plan or specifications, altered as provided for in subsection (b) of this section, after being corrected or changed, together with the original statement, shall remain on file in the office of the Department of Public Works of the City. All under- ground facilities shall be constructed in accordance with the corrected statement, map, plan or specifica- tions. /,? as Ordinance No. Page 10 Ri (d) A permit to excavate in any street, alley or public highway as provided in this Section shall be issued by the Department of Public Works to construct underground facilities as provided for in Chapter 31 of the Municipal Code, when their location has been approved by the Department of Public Works. All such excava- tions shall be made in compliance with the requirements of this Chapter and Chapter 31 of the Municipal Code. (e) In planning underground ducts, the Company shall include in the plans a conduit space in which the City may place its City alarm, City control, or City communication wires, free of charge. The Company shall work with the City in the installation, repair and removal of alarm, control, and communication wires in the space allotted to the City. (f) The above -ground extension of a utility line from an underground conduit to a building or other location within the underground service district must be approved by the Department of Public Works of the City prior to its installation. (g) Any above ground facilities in an underground service district shall be located with due regard for aesthet- ics. Section 33-185. Public Utility Company Contractors. The requirements of this chapter shall apply fully to all persons, firms or corporations performing work for a public utility company under a contract or other type of work order. /02OR, Ordinance No. Page 11 Division 4. General Provisions. Section 33-186. Conditions of Street Occupancy. W, (a) Use. All utility system components erected by a public utility company within the city shall be so located as to cause minimum interference with other public utilities located in the streets, alleys and other public ways and places, and to cause minimum interfer- ence with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. (b) Relocation. The Company shall, upon reasonable notice and at its cost and expense, remove, locate and relocate its utility system components in, on, over or under any public right-of-way in the city in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruc- tion, maintenance, repair or change in grade of any public improvement on, in or about any such public ( right-of-way, for the purpose of promoting the effi- cient operation of any such improvement, or for the purpose of facilitating the vacation and redevelopment of public right-of-way by the City. In the event the public utility company fails to act within the allotted time,. the City may cause the utility distribution systems to be relocated and the costs thereof shall be assessed to the public utility company. (c) Placement of Components. The public utility company shall not place their utility system components in the public right-of-way where the same will interfere with the normal use or maintenance of any public improve- ment, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains. Section 33-187. Powers of City. Nothing in this chapter contained shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by a public utility company using j the same for the erection and maintenance of utility {{{ systems. Section 33-188. Penalty. Any persons willfully violating this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished according to the provisions of Section 8 of �• Ordinance No. 78-2918. I' Section 2. Severability Clause. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said /,? OR 0 Ordinance No. Page 12 unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. Section 3. Repealer. All ordinances or parts of ordinances in conflict with Me visions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall be in full force and effect frau and after its final passage and publication as by law provided. Passed and approved this ATTEST: ITY CLERK MAYOR a �PFrov /oqOR o . I I` r: • -1 Recommendations of the Resources Conservation Commission concerning the proposed franchise agreements of July 1986. 1. There should be a buy out option after 5 and 10 years. (See Section 12 of September 1985 proposal and point 5 under "Discussion of the Issues" of Mr. Timmins' letter of September 10, 1985.) 2. A* specific buy back price should be included in Section 14. (See Section 14 of the September 1985 proposal and point 7(a) under "Dis- cussion of the Issues" of Mr. Timmins' letter of September 10, 1985.) If there are objections to including a price in the franchise, then a separate contract could be written at the same time and approved or disapproved as part of the same package. 3. Energy Conservation programs should be included in the franchise. (See Section 13 and Section 33-177 of the September 1985 proposal.) 4. Overview functions should be included by way of a utilities commission or an expanded Resources Conservation Commission. The definition and duties should be included. (See Section 33-174 of the September 1985 version.) 5. Section 33-174 on the items to be placed in the Clerk's office should include: a. Notice of plans to either start or stop buying or wheeling power where it affects Iowa City. b. Copies of contracts with special users which provide power at rates other than those in the rate manual . c. A list of available energy conservation programs. o L E JUL 15 1986 MARIAN IITY LERK (1) /07020 I 'r NOTICE OF RIBLIC FEARING QV RAPS, SPECIFICATIONS, FOPM OF CONTFFACT AND ESTIMATED COST FOR CLM RAMP INSTALLATION pMECT -SUMER 1986 IN TIE CITY OF IOWA CITY, IDNA TO ALL TAXPAYEFS OF THE CITY OF IDA CITY, IOWAAND TO UMPEWS INTERESTED:, Public notice is hereby given that the City Com - c" of of the City of IQs City, Iaa, will conduct a Public hearing an plans, specifications, form of contract and estimated cost for the construction of Curb Rerp Installation Project - Sumer 1986 in said City at 7:30 p.m. on the 15th day of July, 1986, said meeting to be held in the Council Owbers in the Civic Center in said city. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clair in the Civic Center in Iowa City, IQs, and may be inspected by any Persons interested. Aly Parsons interested may appear at said meeting of the City Council for the purpose of making objec- tions to said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of I" City, IQa. MARIAN KW, CITY CLEW I -I i